In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 50 / 2011.
- Md. Faizan,
Flat No.21, Floor No.3,
53/1, Tiljala Road, Kolkata-700039. ……. Complainant
…Versus…
- M/s. CESC Ltd.,
CESC House, Kolkata-700001.
- District Engineer, M/s. CESC Ltd., South Regional Office,
6, Mandevilla Garden, Kolkata-700019. …….. Opposite Parties
Present : Smt. Jhumki Saha, Member-in-Charge
Dr. A. B. Chakraborty, Member
Order No. 7 Dated 3 0 / 0 8 / 2 0 1 1 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Mf. Faizan against the o.ps. CESC Ltd. for getting electric connection.
The fact of the case shortener is that the complainant, a new tenant in Flat no.3/3 at 53/1 Tiljala Road, Kolkata applied to the o.p. no.2 for electric connection in the portion of this premises occupied by him on payment of requisite fees of Rs.500/-. O.p. no.2 fixed a date for inspection on 29.12.10 (annex-P7). On 7.1.11 the o.p. no.2 wanted ownership documents and those were duly furnished by the complainant (annex-P8). Further on 17.1.11 the o.ps. directed the complainant to settle the dues outstanding from some other consumers in the premises( annex-P9) on having such direction the complainant wrote a letter to the o.p. no.2 informing that he is a new tenant and is not liable for the dues in respect of any other consumer and requested for the connection as his family is without light for a considerable period but in vain.
Being aggrieved the complainant has filed the instant petition with a prayer for direction upon the o.ps. mainly towards;
- giving electric connection in his premises without demanding the third party outstanding dues from him,
- payment of a compensation of Rs.1000/- per day,
- payment of a litigation cost of Rs.5000/-.
Decision with reasons:-
The o.ps. and the complainant as it appears are not dli8igent enough to contest the case. They have filed w/v and the BNA but not the evidence. Also o.p’s BNA is not supported by annexures as referred to therein. An additional w/v has been filed by them at the ultimate stage which was kept with the record. We have perused the petition of complaint along with enclosure and the BNA adduced by the complainant. the complainant also has not filed any evidence. We have heard the arguments advanced by the ld. advocates of the parties.
It appears from the BNA of the o.ps. and letter of CESC Ltd dt.16.2.11 that there is an arrear dues of Rs.2,12,016/-n from the defaulting consumers Sankar Yadav Roy and Rupesh and their meters are in sealed condition. The o.ps. as such have already cancelled the application made by the complainant for connection. It also appears that Shri Sankar Yadav Roy is the land owner and altogether there are more than 20 flats in the premises all of which are without electricity.
Shri Yadav is still collecting rents from the tenants and it is not clear why the o.ps. fail to take appropriate action against Shri Yadav for recovery of the dues and put the tenants to dark.
We are aware of the relevant condition of the general conditions for supply and scale miscellaneous charges relating to the supply of electricity which stipulates that ‘no new connection shall be given in the premises unless all arrears and dues in respect of the old connection in the premises have been paid by the intending ‘consumer’.
The Consumer Forum is not vested with the power to adjudicate upon the validity of the aforesaid provision, which is statutory in origin. Such powers vest only in regular courts of the land and the function of the Consumer Forum is only to decide cases coming up before them by giving effect to the laws (including rules, regulation s orders etc. which are statutory) as they stand.
But in the instant case the o.ps. accepted the application form and the fees asked for relevant document of occupancy and also fixed dates for inspection. But after inspection the o.ps. alleged that the complainant applied for connection with all understanding with the defaulters of the premises. The basis of such opinion we fail to understand. They have also shown autocratic attitude to cancel the application of the complainant. Is it for them monopoly in the business? There is definite weakness in their date base. Such acts of the o.ps. nevertheless leads to deficiency in service.
We severely feel that the arrear dues in a premises are required to be realized in the interest of the corporation as well the state but at the same time it is not desirable to leave the old and children, patients and students without electricity for long democratic in a welfare state. Humanistic approach must over ride all other considerations. The o.ps. should find some rationale way to have their dues realized without the purview of the law.
They should have taken due action against the defaulter and may simultaneously consider if arrear charge of dues can be realized from tenants on pro-rata basis who applies for electricity. There may not be any occupant in the premises who are not willing to take electricity.
In view of the consideration the complainant who is a consumer is entitled to get relief from the o.ps. the service providers for their deficiencies in service.
Hence, ordered,
That the case of the complainant is allowed on contest against o.ps. with costs.
The o.ps. are directed to give electric connection to the compliant after observing all formalities i.e. obtaining of fresh application form duly filled, receiving of requisite fees, inspection etc. within 45 days from the date of communication of the order subject to the payment of proportionate arrear outstanding of Rs.10,000/- (Rupees ten thousand) only by the complainant. the arrear amount will be realized in two instalments one at the time of submission of new application and another in the 1st bill on energy consumption.
The o.ps. are also directed to pay a compensation of Rs.500/- (Rupees five hundred) only and a litigation cost of Rs.500/- (Rupees five hundred) only to the complainant within the time specified, failing which the sum of Rs.1000/- (Rupees one thousand) only will carry an interest of 8% p.a. till realization.
The complainant is directed to complete the formalities in consultation with the o.ps. within 15 days from the date of communication of this order. He is also directed to observe that no extension from his meter / connection is made to any other after connection is energised.
Supply certified copy of this order to the parties.
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MEMBER MEMBER-IN-CHARGE
